First Amendment topicsAbout the First Amendment
News Story
 
print this   Print

Federal court finalizes dismissal of MySpace hoax charges

By The Associated Press
09.01.09

LOS ANGELES — A judge has finalized his decision to throw out convictions of a Missouri mother for her role in an Internet hoax directed at a 13-year-old neighbor girl who committed suicide.

U.S. District Judge George Wu said in his written ruling that the case was never a legal test of crimes involving “cyberbullying.”

Prosecutors, who adopted that terminology early on, brought charges against Lori Drew under the Federal Computer Fraud and Abuse Statute, which does not involve cyberbullying, the judge said.

Wu acquitted Drew of misdemeanor counts of accessing computers without authorization last month but stressed the ruling was tentative until he issued it in writing.

Drew’s attorney, Dean Steward, believes Wu’s ruling in effect strikes down a portion of the computer fraud act.

“He’s pretty much found that portions of it are unconstitutional,” said Steward, who expects Department of Justice attorneys to go back to Congress for a clarification.

Thom Mrozek, spokesman for the U.S. attorney’s office in Los Angeles, said no decision had been made yet about a possible appeal.

Prosecutors say Drew sought to humiliate Megan Meier by helping create a fictitious teen boy on the MySpace social-networking site and sending flirtatious messages to the girl in his name.

The fake boy then dumped Megan in a message saying the world would be better without her. Megan hanged herself a short time later, in October 2006, in Missouri.

Drew was not directly charged with causing Megan’s death. Instead, prosecutors indicted her under the computer-fraud act, which in the past has been used in hacking and trademark theft cases.

Wu’s 32-page ruling, filed on Aug. 28, cited vagueness of the statute and the chance that innocent users of the Internet could become subject to criminal charges if Drew’s conviction was allowed to stand.

He gave examples of people who could be liable for violating MySpace rules online, including “the lonely-heart who submits intentionally inaccurate data about his or her age, height and/or physical appearance,” or “the exasperated parent who sends out a group message to neighborhood friends entreating them to purchase his or her daughter’s Girl Scout cookies,” a violation of rules against advertising or soliciting sales.

Much attention was paid to Drew’s case, primarily because it was billed as the nation’s first cyberbullying trial. The trial was held in Los Angeles because the servers of the social-networking site are in the area.


Previous
MySpace hoax case on verge of dismissal
Federal judge provisionally throws out convictions of Missouri woman whose online hoax was followed by a teenage girl's suicide. 07.03.09

Related

Mo. woman faces felony cyberbullying charge

Prosecutors say 40-year-old Elizabeth Thrasher posted 17-year-old girl's picture, e-mail address and cell phone number in Craigslist posting that suggested girl was seeking sexual encounter. 08.19.09

House members wrestle with thorny issue of cyberbullying

'I believe that we can protect our right to free speech and victims of cyberbullying at the same time,' says Rep. Linda Sanchez, sponsor of bill to criminalize severe cases. 10.01.09

Lawyer claims parodies, pranks at risk in Dead Sea Scrolls case
Attorney for man accused of using online aliases to discredit father's rivals in debate over ancient manuscripts says freewheeling online tactics can be irritating, but aren't crimes. 11.06.09

Calif. appeals court won't dismiss cyberbullying suit
Judges find comments posted on 15-year-old's Web site revealed harmful intent that isn't protected by free speech. 03.18.10

Online symposium: Cyberbullying & Public Schools


News summary page
View the latest news stories throughout the First Amendment Center Online.



Last system update: Friday, April 23, 2010 | 21:52:58
 SEARCH  MORE
About this site
About the First Amendment
About the First Amendment Center
How to contribute
Video/RSS/podcasts
First Amendment programs
State of the First Amendment
reports

Religious liberty in public schools
First Reports
Supreme Court
Columnists
Experts
First Amendment publications
First Amendment Center history
Glossary
Freedom Sings™
Events
First Amendment
Schools

Congressional Research Service reports
Guest editorials
FOI material
The First Amendment
Library

Lesson plans
freedomforum.org
Newseum
Contact us
Privacy statement
Related links